Harford County Family Lawyer

If you are struggling with family problems, deciding what course to take can be difficult. When a marriage is struggling, people may make extraordinary efforts to make things work, such as counseling or post-nuptial agreements. Sometimes, marital issues are so substantial that divorce is the logical conclusion. Separating is still painful and emotional, even when it is the right thing to do.

Events that seem happy, like adoptions, can also be fraught with emotional difficulties. For example, adoption is a great way to build families. Still, it involves a loss for the biological parents and the adopted child. It may even involve loss for adoptive parents, particularly in the case of intra-family adoptions.

A Harford County family lawyer understands the emotional challenges that come with making changes to your family. Our skilled attorneys can help you determine and pursue the best long-term resolution for you and your family by balancing your natural, emotional considerations with the practical needs to ensure stability for your family.

Separations and Divorces

Maryland does not recognize legal separations, so married couples do not have to go through this step in order to divorce. However, a six-month period of separation is one of the grounds for divorce. Though parties need not formalize their separation in writing, if you are thinking about a separation, drafting and negotiating a Marital Settlement Agreement may be your best avenue for protection and stability.

Separation, to satisfy the grounds of divorce in Maryland, can either mean physically living separate and apart for six months or pursuing separate lives for that period.  This means that any couple can still cohabitate for financial reasons as they prepare for and go through their divorce, so long as they are acting in pursuit of separate lives for a full six months. If the other spouse denies that claim, then the person alleging it must be capable of proving it.

There are two other grounds for separation in the state—mutual consent and irreconcilable differences. A mutual consent divorce is the simplest. In a mutual consent divorce, both parties want and agree to the divorce, as well as to the distribution of any assets and any orders regarding the children of the marriage. In order to obtain a mutual consent divorce, the parties must have a Marital Settlement Agreement, as mentioned above. Your lawyer will be instrumental in ensuring that the agreement fully memorializes and resolves all issues between you and your spouse, particularly those matters that impact the best interest of any children involved.

Irreconcilable differences are the third grounds for divorce. A litigant does not need to allege that their spouse is at fault for the divorce; the only required assertion is that there are fundamental differences between the parties that they are unable to resolve.

No-Fault Divorce

As of October 2023, fault based grounds have been removed from Maryland law. Neither party has to prove wrongdoing by the other on the grounds they allege for divorce. The three grounds available to Harford County litigants are mutual consent, six-month separation, and irreconcilable differences. If the parties cannot reach an agreement to conclude their divorce, the party alleging the grounds for divorce bears the burden of demonstrating that those grounds exist.

While fault does not determine whether someone can get a divorce, a court might look at a party’s behavior when making decisions about property distribution, spousal support, child support, and child custody.

Domestic violence can also impact custody decisions. The court will examine allegations of domestic violence and consider any convictions or other evidence of domestic violence when making a custody decision they determine to be in the best interest of the minor child or children. The court will act as it sees necessary to ensure that the best interests of any child involved in a case are met.  Custody and access decisions also influence how child support is calculated and awarded in a matter.

Much like in custody decisions, domestic violence also factors into alimony and property distribution decisions. If a victim demonstrates that the abuse impacted their ability to work, it is likely to influence the distribution of property. A lawyer is critical to ensuring you understand the many factors that are considered by the Court in presiding over family law matters.

Talk to a Harford County Family Lawyer

One of the most common challenges of dealing with family law issues is that it is emotionally, mentally, physically, and often, financially challenging. Having a lawyer guide you through this difficult and critical process can make all the difference in protecting yourself, your future, and the future of your family. A Harford County family lawyer from Price Benowitz will assess the facts, advise you of the possibilities, and keep you focused on your long-term goals. Call now to discuss your case.